An MSHA final rule published in the Federal Register in April modifies a previous agency rule governing how workplace examinations should be conducted in metal and nonmetal mines. The new rule requires examinations to be conducted at least once per shift or as miners begin work. Before the end of each shift, a record of the examination must be made that describes conditions that may adversely affect the safety or health of miners. Mine operators must make these records available to MSHA inspectors and miners’ representatives upon request. Operators must also promptly notify miners in affected areas of any conditions that may adversely affect their safety or health and promptly initiate appropriate corrective action.
The new rule amends an existing MSHA rule published in January 2017 that was intended to ensure timely identification of adverse conditions. The new rule retains the previous rule’s requirement that a “competent person” conduct the workplace examination.